Glendale Arizona Release of Notice of Lis Pendens

Name: Glendale Arizona Release of Notice of Lis Pendens
Brand: US Legal Forms
Rating: 4.59 (415 reviews)

Category:

Arizona Real Estate - Lis Pendens

State:

Arizona

City:

Glendale

Control #:

AZ-057LRS

Format:

Instant download

Description

Release of Lis Pendens: This release affects a previous pending suit involving real property. The release places the public on notice that there are no longer any suits.

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FAQ

The notice of lis pendens may be cancelled only upon the order of the court, after showing that the notice is for the purpose of molesting the adverse party, or that it is not necessary to protect the rights of the party who caused it to be recorded (Section 19, Rule 13, Amended Rules of Civil Procedure).

A Release of Lis Pendens is a counterclaim wherein it provides recourse for defendants pursuing to sell a property. The Release of Lis Pendens Surety Bond ensures to cover the cost of the Lis Pendens to release the property back to the defendant.

1. : a pending suit. 2. : a written notice of a pending suit involving property usually filed in the appropriate office (as a registry of deeds) called also notice of pendency.

A ?lis pendens notice? is a notice recorded in a real property's chain of title and is designed to enable interested third parties to discover the existence and scope of pending litigation affecting the title to or asserting a mortgage, lien, security interest, or other interest in real property.

No list pendens notice can be valid as constructive notice for more than 15 years unless it is re-recorded within 10 years after it was first recorded and the recording party serves a copy of the notice on the record owner within 30 days after it is re-recorded.

Once the Notice of Lis Pendens is of record, it will encumber the property for six years unless it is disclaimed, released, or extended. There are numerous routes to obtaining such a certificate issued by the court clerk evidencing the release of the lis pendens, and an attorney should be consulted.

With the changes in the lis pendens statute, however, a lis pendens can be removed by court order before the lawsuit over title to real property is finally determined. In the alternative, the Court may condition keeping the lis pendens in place with the posting of a bond. Utah Code Ann.

A Lis Pendens Can be Removed, Foreclosed or ?Expunged?, Even if it was Validly Recorded. Under California law, a lis pendens may be expunged by filing a motion with the court based upon a showing that: the claimant has not made a real property claim in their underlying lawsuit, or.

A notice of lis pendens is a document stating that the property named in the notice is subject to a lawsuit over ownership. Those who file a lis pendens will do so because they have taken issue with title and are seeking ownership of the named property.

Glendale Arizona Release of Notice of Lis Pendens

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